Focusing on Qualitex v. Jacobs Products, an opinion authored by Supreme Court Justice Breyer that extends trademark protection to colors, the Author examines Justice Breyer's attitude toward intellectual property law, how Justice Breyer's views were extended in Qualitex, and how Justice Breyer's views may affect intellectual property law in the future.
Gordon R. Shea,
"Gathering His Beames with a Christall Glass": The Intellectual Property Jurisprudence of Stephen G. Breyer,
2 Marq. Intellectual Property L. Rev. 195
Available at: http://scholarship.law.marquette.edu/iplr/vol2/iss1/6